ORLANDO, Fla. -- An attorney for Casey Anthony will fight a gag order in his client's case, saying it's in his client's best interest to be able to fight "false leads" being issued by the state and the Orange County Sheriff's Office.

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PHOTOS: Possible Caylee Sighting
PHOTOS: Inside Anthony Home
PHOTOS: CSI Checks Casey's Car
PHOTOS: Dive Search, Confrontation
PHOTOS: Prayer Vigil For Caylee
PHOTOS: Casey Baby Photos

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Jose Baez said he will fight the gag order at a hearing on Tuesday, and he issued subpoenas to several media members, including Local 6 News reporter Adam Longo, to testify about the publicity in the case.

Casey Anthony, 22, remains jailed on first-degree murder charges in the disappearance of her 3-year-old daughter Caylee, who was last seen in mid-June.

Baez said it it his right to respond to any leak.

"If we're not able to respond to false, misleading leads that are thrown out there, it would hurt our client's case," Baez said. "That's, quite frankly, the reason."

Baez said other motions would be heard on Tuesday and claimed that the state attorney's office has delayed handing over information about the case to him.

He also said that a Jan. 5 start date for the trial may not hold up, and he said he wasn't sure if videotapes of FBI interviews with Casey Anthony's parents -- George and Cindy Anthony -- would be admissible in court.

FBI Videos Irk George, Cindy Anthony

Meanwhile, George and Cindy Anthony spoke for the first time since their interviews with the FBI were released, saying they felt like they have been ambushed.

George and Cindy Anthony spoke after a prayer vigil was held Sunday night for Caylee, saying they did not know they were being videotaped and had no idea the FBI interviews were being released until they watched local TV news.

The Anthonys said this proves that investigators are not searching for Caylee but instead are continuing to build a case against Casey Anthony.

"That distinct odor, that's something you don't forget," George Anthony said in the FBI interview. "I believe something was placed in the back of that trunk. I don't want to believe it was my granddaughter."

George Anthony also said in the interview that his daughter had lied.

"Is my daughter not telling the truth? Yeah," George Anthony said. "She knows a lot more than what's going on. Has she just completely blanked this out or is she just trying to cover up something that might have went wrong? That's possible."

No Leads In Possible Sighting

The Anthonys said no one has come forward since a picture of a girl involved in a possible Caylee sighting was released on Friday.

The photo was taken inside the Florida Mall, but the person who took the picture has not been identified.

"We want to continue to get it out there. If she belongs to someone else, we want to know so we can rule it out," Anthony family spokeswoman Michelle Bart said.

Bounty Hunter Search

Celebrity bounty hunter Leonard Padilla said he will return to Orlando in January to search for Caylee's remains. Padilla said he has been given $50,000 from someone who wants him to continue the search. Padilla said he will continue searching Blanchard Park in Orlando, where he believes Casey Anthony dumped her daughter's body.

Attorneys Talk Trial Options

Meanwhile, Local 6 News reporter Tony Pipitone continues his investigation into the case, discussing its merits with a former prosecutor and a prominent defense attorney.

Anthony's trial is scheduled to begin in January.

Caylee's body has not been found, inviting the question: How can the state prove she is dead, much less that her mother killed her?

Pipitone said that after prosecutors finish presenting their case, the defense will likely ask the judge to throw it out, seeking a judgment of acquittal, which means even giving the state every benefit of the doubt, there's no way a jury could properly find guilt.

"How do you prove this child is dead just because her mother won't say where she has been or is, if she knows? You can't prove she's dead," defense attorney Cheney Mason said. "If you can't prove she's dead, you can't prove cause of death. If you can't prove cause of death, you have a hard time proving who's behind it, how it happened."

Former prosecutor Elizabeth Rahter said a circumstantial case could be solid enough to at least get to a jury.

"Is it reasonable for a mother never to report her missing child? Is it reasonable for a mother to be quiet? Is it reasonable for a mother to never call the police? Is it reasonable for there to be a hair in the trunk? Well, how often does her daughter hang out in the trunk of her car?" Rahter said.

Anthony's car reeked of death, and scientists may be allowed to testify that it contained the remains of a decomposing human body, Pipitone said.

If the case did get to a jury, Pipitone asked Mason if he thought her attorneys would put her on the stand.

"Knowing what I know at this time, there's not a snowball's chance you know where I put her on the witness stand," Mason said.

"Why is that?" Pipitone said.

"Well, because there's so much to cross-examine her about," Mason said.

"Do you just say, 'The defense rests.' Don't even put on a defense?" Pipitone asked.

"There's a good chance that would be the case," Mason said.

If that was to happen, a jury would decide Anthony's fate on charges of first-degree murder, aggravated child abuse, aggravated manslaughter and four counts of lying to authorities, although juries sometimes are given a chance to compromise on what are called lesser-included offenses.

"It doesn't have to be murder. It could be something lesser," Pipitone said.

"It could be murder first-degree, second-degree, manslaughter," Mason said.

Either side could request that the choices be given to the jury, Pipitone said.

"Most likely, the defense is going to say, 'We just want what's charged and nothing less,'" Rahter said.

If the case against Anthony is as weak as Mason claims, she and her defense team may choose to roll the dice.

"The defense would risk all or nothing?" Pipitone asked.

"Some defense attorneys have done that. You come back with murder-one or you have to acquit," Mason said.

If Anthony was found guilty of premeditated murder or murder in the commission of aggravated child abuse, the question would then turn to a sentence of life or death -- if the state even seeks the death penalty, Pipitone said.

To get the death penalty, the state has to show death was heinous, atrocious or cruel.

"How can you prove the death was heinous, atrocious and cruel if you can't prove the cause of death because you don't have a body?" Mason said.

"There's a dead child. How more heinous, atrocious and cruel can you get?" Pipitone said.

"Well, because people die by accident, of natural causes, any number of ways. No way. No possibility of proving heinous, atrocious and cruel without the body," Mason said.

There also are other so-called aggravators, Pipitone said.

"Is that cold, calculated and premeditated?" Pipitone asked.

"I think you could definitely argue the cold and calculated," Rahter said.

"How do you prove cold, calculated or premeditated, again, without knowing when or how or why?" Mason said.

Other aggravators include a child victim being killed by a caregiver supports a death penalty.

"But on this question, both our defense and prosecutorial sides have some agreement," Pipitone said.

"As it stands now, you can't get there," Mason said.

"So no way you'd see a death penalty in this case?" Pipitone said.

"No, based on what we know now," Mason said.

"I don't think the state would go through with it if they don't have a body," Rahter said.

"That wouldn't ever go to the death penalty, would never even seek it without a body," Pipitone said.

If Anthony is found not guilty on all counts, Pipitone asked the experts if justice will have been served.

"If you believe in the Constitution of the United States, if you believe in the jury system, you must necessarily conclude that that was justice," Mason said.

Watch Local 6 News for more on this story.